Jishan @ Pappu Nisar Ahemad Siddiquee v. The State Of Maharashtra

27-APPA-1-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1 OF 2017 IN CRIMINAL APPEAL (STAMP) NO.1 OF 2017 JISHAN @ PAPPU NISAR AHEMAD SIDDIQUEE )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Arun Rajput i/b. Ms.Anjali Patil, Advocate for the Applicant. Ms.V.S.Mhaispurkar, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

15th FEBRUARY 2017.

P.C. :

This is an application for condonation of delay in filing an appeal challenging conviction of the applicant for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act (POCSO). The applicant / accused, on conviction is sentenced to suffer rigorous imprisonment for 10 years apart from payment of fine of Rs.40,000/-, in default, to undergo further rigorous imprisonment for 3 months. avk 1/2

27-APPA-1-2017.doc Heard the learned advocate appearing for the applicant / accused as well as the learned APP. The learned APP opposed the application by contending that no sufficient cause is shown for filing the appeal beyond the period of limitation. It is seen that the applicant / accused is behind bar since 3rd March 2013 and he was an under-trial prisoner. Reasons stated for delay in filing the appeal are to the effect that parents of the applicant / accused are aged and there is nobody in the family to approach a lawyer for filing the appeal. When the applicant / accused is behind bar even during pendency of the trial against him, the reason so stated constitutes a sufficient cause for nonfiling the appeal within limitation. Hence the order : i) The application is allowed.

ii) Delay in lodging appeal is condoned.

(A. M. BADAR, J.) avk 2/2